1 MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
MAY 16, 2023
6:00 P.M.
City Council Chambers, City Hall, 250 East L Street, complete proceedings of which are recorded. These are action minutes; a full video is available online at www.ci.benicia.ca.us/agendas.
ACCESSING THE MEETING
1) CALL SPECIAL MEETING TO ORDER (5:00 P.M.)
Mayor Young called the Special Meeting to order at 5:00 p.m. 2) CONVENE OPEN SESSION
3) ROLL CALL
All Council Members were present.
4) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
5) PUBLIC COMMENT FOR CLOSED SESSION
6) ADJOURN TO CLOSED SESSION
6.A A CONFERENCE WITH LABOR NEGOTIATORS Pursuant to
Government Code Section 54957.6
Agency designated representatives: City Manager, Human Resources Manager.
Employee Organization: Benicia Police Officers Association, Benicia Public Service Employees Association, Benicia Fire Fighters Association, Benicia Dispatchers Association, Benicia Supervisor and Professional Association, Middle Management Employees, Police Management Employees, Senior Management Employees, and Unrepresented Employees.
6.B CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Gary Gregory v. City of Benicia, et. al. Case No. CV-02259, U.S.
District Court, Northern District of Cal.)
Public Comment on Closed Session Items:
None
Mayor Young adjourned the meeting to Closed Session at 5:01 p.m.
2 7) RECONVENE OPEN SESSION
Mayor Young reconvened the Open Session at 6:09 p.m.
8) ANNOUNCEMENT FROM CLOSED SESSION, IF ANY
Ben Stock, City Attorney, stated Council met in Closed Session on two items and did not take any reportable action.
9) ADJOURNMENT OF SPECIAL MEETING AND CALL REGULAR MEETING TO ORDER (6:00 P.M.)
Mayor Young adjourned the Special Meeting and called the Regular Meeting to order at 6:09 p.m.
10) ROLL CALL
All Council Members were present.
Council Member Campbell arrived @ 6:11 p.m.
11) PLEDGE OF ALLEGIANCE
12) REFERENCE TO THE FUNDAMENTAL RIGHTS OF THE PUBLIC
13) ANNOUNCEMENTS
13.A - MAYOR'S OFFICE HOURS
13.B - CURRENT AND UPCOMING OPENINGS ON BOARDS AND
COMMISSIONS
Current and Upcoming Openings - Boards and Commissions
14) PROCLAMATIONS
14.A - PROCLAMATION - NATIONAL PUBLIC WORKS WEEK (Public Works Department)
Proclamation - National Public Works Week
14.B - PROCLAMATION - NATIONAL POLICE WEEK (Police
Department)
Proclamation - National Police Week 2023
3 14.C - PROCLAMATION - BUILDING SAFETY MONTH (Community Development Department)
Proclamation - Building Safety Month
15) APPOINTMENTS
15.A - MAYOR’S APPOINTMENT OF COUNCIL MEMBER TOM
CAMPBELL AS THE CITY’S REPRESENTATIVE ON THE
COMMUNITY ACTION PARTNERSHIP SOLANO BOARD OF
DIRECTORS
Resolution Appoint City Council Member to CAP Solano Board of Directors RESOLUTION NO. 23- 41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA CONFIRMING THE MAYOR’S APPOINTMENT OF
COUNCIL MEMBER TOM CAMPBELL AS THE CITY’S ALTERNATE
REPRESENTATIVE ON THE COMMUNITY ACTION PARTNERSHIP
SOLANO BOARD OF DIRECTORS
On motion of Council Member Macenski, seconded by Vice Mayor Scott, Council approved Resolution 23-41, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
16) PRESENTATIONS
16.A - RESIDENT SATISFACTION SURVEY (Deputy City Manager) Public Comment:
None
17) ADOPTION OF THE AGENDA
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the Adoption of the Agenda, as presented, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
18) OPPORTUNITY FOR PUBLIC COMMENTS
19) WRITTEN COMMENT
4 20) PUBLIC COMMENT
1. Lori Grundman - Ms. Grundman read a comment from a small business owner regarding concerns about litter at Benicia Community Park.
2. Nancy Lund - Ms. Lund announced upcoming events hosted by the Benicia Bicycle Club.
3. Jennifer Baker - Ms. Baker reminded people to wear helmets when riding bikes. 21) CONSENT CALENDAR
Council pulled 21.B and 21.D for discussion.
21.A - MINUTES FROM THE APRIL 25, 2023 AND MAY 2, 2023 SPECIAL AND REGULAR CITY COUNCIL MEETINGS (City Clerk)
April 25, 2023 City Council Meeting Minutes
May 2, 2023 City Council Meeting Minutes
21.B - FY 2022-23 THIRD QUARTER INVESTMENT REPORT (Finance Director)
Staff Report - FY 2022-23 Third Quarter Investment Report Council and Staff discussed the issue of CD purchased, sold, and matured, the City's overall returns in its portfolios, and the limitations on what the City can invest in.
Public Comment:
None
1. FY2022-2023 Third Quarter Investment Report
2. FY2022-2023 LAIF Statement Ending March 31
3. FY2022-2023 CAMP Statement Ending March 31
4. FY2022-2023 115 Trust Statement Ending March 31
On motion of Mayor Young, seconded by Council Member Macenski, Council approved the Third Quarter Investment Report for the quarter that ended March 31, 2023, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.C - ACCEPTING THE AMERICAN RESCUE PLAN GRANT THROUGH THE NAPA SOLANO AREA AGENCY ON AGING (Police Chief)
5 Staff Report - ARP Grant
1. Resolution - ARP Grant
2. NSAAA Grant Agreement
RESOLUTION NO. 23- 42 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA ACCEPTING THE NAPA SOLANO AREA AGENCY ON AGING GRANT FOR THE FAMILY RESOURCE CENTER TO ASSIST ATRISK SENIORS
21.D - APPROVE LIST OF STREETS FOR FY23/24 PAVEMENT
REHABILITATION PROJECT TO RECEIVE ROAD MAINTENANCE
AND REHABILITATION ACCOUNT FUNDING (Public Works
Director)
Staff Report - SB1 List of Streets
RESOLUTION NO. 23- 45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING THE LIST OF STREETS FOR FY 23/24 PAVEMENT REHABILITATION FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Council and Staff discussed how much the City would get from the State this year ($670,000), the funding we get from Republic Services for roads, and concern over decreasing funds for roads.
Public Comment:
None
1. Resolution - List of Streets - FY23/24 Pavement Rehabilitation Project - RMRA Funding
On motion of Council Member Campbell, seconded by Council Member Birdseye, Council approved the adoption of Resolution 23-45, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
21.E - RESOLUTION CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY FOR RAW WATER TRANSMISSION LINE
INCIDENT (Public Works Director)
Staff Report - Continuation of Existence of a Local Emergency
1. Resolution - Continuation of Declaration of Local Emergency
6 RESOLUTION NO. 23- 43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY
21.F - RATIFYING THE INTERIM CITY MANAGER’S DECLARATION
OF A CONTRACTING EMERGENCY AND APPROVING PAYMENT
FOR EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT (Public Works Director)
Staff Report - Emergency Declaration RWTL Incident
1. Resolution Ratification of Proclamation of Existence of a Local Emergency RESOLUTION NO. 23- 44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA RATIFYING THE INTERIM CITY MANAGER’S
DECLARATION OF A CONTRACTING EMERGENCY AND APPROVING
PAYMENTS FOR THE EMERGENCY RAW WATER TRANSMISSION LINE
INCIDENT
21.G - APPROVAL TO WAIVE THE READING OF ALL ORDINANCES
INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA (City
Attorney)
On motion of Council Member Macenski, seconded by Council Member Birdseye, Council approved the adoption of the Consent Calendar, as amended, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22) BUSINESS ITEMS
22.A - PUBLIC HEARING ON MASTER FEE SCHEDULE CHANGES
(Finance Director)
RESOLUTION NO. 23- 46 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BENICIA APPROVING MASTER FEE SCHEDULE CHANGES TO
IMPLEMENT THE USER FEE STUDY
Jeff Tschudi, Finance Director, reviewed the staff report.
Council and Staff discussed how other jurisdictions handle the CPI, the scheduling process for parks, and the sports and athletic user fees.
Public Hearing Opened
Public Comment:
7 1. Citizen - The citizen discussed concern regarding the condition of the sports fields and user fee increases.
2. Anastacia Hoyer - Ms. Hoyer discussed concern regarding design review fee increases.
Public Hearing Closed:
Council and Staff discussed changes to the Historic Preservation process, whether the proposed fees should be postponed until some changes are made, the need to pass the proposed fees, and how long it would take to redo the ordinance and resolution (approximately 6 months).
Council and Staff discussed adopting the Master Fee Schedule, with the modification of the planning design review fees number 19, 20, 21, 22 which are applicable to a project in the H overlay district to become effective January 1, 2024.
Staff Report - Master Fee Schedule
1. Resolution - Master Fee Schedule
On motion of Vice Mayor Scott, seconded by Council Member Campbell, Council approved the adoption of Resolution 23-46, as amended, delaying the planning design review fees number 19, 20, 21, 22 which are applicable to a project in the H overlay district to become effective January 1, 2024, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
22.B - APPROVING ARTS AND CULTURE COMMISSION’S PUBLIC ART PROJECTS AND RELATED BUDGET AMENDMENT (Library and
Cultural Services Director)
RESOLUTION NO. 23- 47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BENICIA APPROVING ARTS AND CULTURE COMMISSION’S
PUBLIC ART PROJECTS AND RELATED BUDGET AMENDMENT
Jennifer Baker, Library Director, reviewed the staff report.
Council and Staff discussed possibly having the first piano out for a full year before investing in a second, why the State Park property was proposed, possibly using an upright piano for the second piano to save on cost, concern regarding the cost of expanding the program given the City's current financial situation and using only one piano at the St. Paul's location.
Public Comment:
1. Elizabeth Lewis - Ms. Lewis spoke in support of the proposed public art.
2. Nima Hekmat - Mr. Hekmat spoke in support of the proposed public art.
8 Council and Staff discussed moving one piano to the capital where it could be secured or leaving it at St. Paul's Church, and support for a 2nd upright piano and the purchase of the sculptures at the lower purchase price. Staff will look into the viability of locating the second piano at another location.
Staff Report - Arts and Culture Commission - Public Art
1. Resolution - Arts and Culture Commission - Public Art
2. Visual Representation - Artwork Intended for the "Play Art" Piano
3. Quote for Services - Installation and Mantenance - Existing and New Piano
4. Visual Representation - Three Metal Sculptures
On motion of Council Member Birdseye, seconded by Vice Mayor Scott, Council approved the adoption of Resolution 23-47 as amended (with the lower cost of the metal sculptures for a total cost of $14,200), on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Vice Mayor Scott, Mayor Young
Noes: Council Member Macenski
22.C - QUARTERLY POLICY ISSUE REQUEST FROM COUNCIL (Interim City Manager)
Mayor Young reviewed his request.
Council and Staff discussed concern regarding council priorities going before citizen priorities, support for looking into this, and the need to incorporate the comments from citizens in see click fix.
Public Comment:
None
Staff Report - Quarterly Policy Issue Request from Council
1. City Council Rules of Procedure
2. Two-Step Request ? Traffic Calming Proposal Southampton Mayor Young On motion of Council Member Birdseye, seconded by Council Member Campbell, Council approved the first step in the two-step process for consideration a traffic calming proposal for Southampton, on a roll call by the following vote:
Ayes: Council Member Birdseye, Council Member Campbell, Council Member Macenski, Vice Mayor Scott, Mayor Young
Noes: (None)
23) COUNCIL MEMBER COMMITTEE REPORTS:
Public Comment:
9 Dan Smith - Mr. Smith discussed the Solano Open Space Committee, and concern about Sol Trans express bus service being cut back.
23.A - COUNCIL MEMBER COMMITTEE REPORTS
Committee Report - Marin Clean Energy
Committee Report - Sky Valley Open Space
Committee Report - Solano County Water Agency
Committee Report - Solano Transportation Authority
Committee Report - Traffic Pedestrian and Bicycle Safety Committee Report - Tri City Cooperative Planning Group - Solano Open Space 24) ADJOURNMENT OF REGULAR MEETING (8:30 P.M.)
Mayor Young adjourned the meeting at 9:28 p.m.
City Clerk